Q: My company offers one hour of sick time for every 30 hours that I work. I have accrued 22 hours of of sick time.
I recently just quit my job do they legally have to pay me out the hours that I accrued for sick time?
A: No, not unless your employer’s policy provides for a payout. If you leave your job and get rehired by the same employer within 12 months, you can reclaim (restore) what you had accrued in paid sick leave, provided it was not paid out pursuant to a paid time off policy at termination.
Maurice Mandel II agrees with this answer
A:
Unfortunately, the law does not have the same protections in place for sick leave that it does for vacation pay. Sick leave that is accrued is lost when you leave the company, and you do not have a right to a payout of that time. However company policies can offer you more than the law requires. That means that if your company has a policy that says you get to cash out your accrued sick leave when you leave, then you can still get it. Absent such an express company policy, then you leave all that accrued time behind.
Good luck to you.
Maurice Mandel II agrees with this answer
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